MR. JUSTICE GRAY, after stating the case, delivered the opinion of the court.
The case having been submitted to the Circuit Court upon a statement of facts agreed by the parties, or case stated, upon which the court was to render such judgment as the law required, all questions of the sufficiency of the pleadings were waived, and the want of an answer was immaterial; and no finding of facts by the court was necessary. Willard v. Wood,
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